Giving up?
by robbinTJ
Summary: After Fornell loses it in the directors office, Gibbs and Fornell have a chat about the job and their friendship. Gibbs finds out why Fornell lost it Now COMPLETE
1. Chapter 1

DISCLAIMER: Don't own anything

DISCLAIMER: Don't own anything

Fornell sat in the director Shepard's office listening to her ramble on and on about how this was a NCIS case and how Gibbs was in charge blah blah blah. He didn't want to be there it wasn't even his case. Gibbs case of a dead marine had clashed with drug op one of the FBI teams are running. They believe one of the main dealers was the one who killed the marine.

The team leader who was running the drug op had passed it on to Fornell when he found out that Gibbs was the leading agent on the case. Fornell wasn't surprised none of the other agents at the Hoover building liked working with Gibbs. Fornell didn't mind Gibbs was a good agent and they worked well together.

"Agent Fornell are you listening to me?" The director voice cut into his thoughts.

"Yeah" Fornell said tiredly

"No you weren't"

"Then why ask me if you knew I wasn't" He looked at Gibbs "Why do women always do that?" Gibbs shrugged fighting to keep the smile of his face.

"I said Agent Gibbs is in charge of this case and you will run everything through him. Do I make myself clear Agent Fornell?" Director Shepard finished with a smug grin.

God he hated her.

He looked at Gibbs and saw him grinning. He couldn't believe that Gibbs was going to go along with this.

Fornell knew he wasn't an angel when it came to working with Gibbs. He tried and sometimes succeeded stealing cases of Gibbs, he declared jurisdiction nearly every time they worked on a case together but he never, not once tried to tell the other man what to do. Gibbs wasn't a junior agent he had years of experience Fornell trusted him to make the right decisions. Why couldn't Gibbs trust him like that?

While these thoughts were running through his head anger bubbled over. Sick of the smug faces of Gibbs and the director he jumped to his feet and grabbed Gibbs by the front of his shirt and slammed him into the wall.

"You listen to me the only reason I'm here is because not one other agent in the FBI is willing to work with you cause you are a first class bastard!" He slammed Gibbs against the wall again ignoring the director's demands that he should let go, no way Gibbs deserved this. Gibbs for his part was too stunned to do or say anything. What the hell had gotten into his friend?

"Well now they can add me to that list. You and me are done now I don't want anything more to with you." With that said Fornell picked the taller man up off his feet and hurled him across the room. Gibbs slammed into the drinks cabinet and Fornell stormed out of the room ignoring the squealing voice of the director.

Tony and McGee were carrying evidence boxes Fornell hit the bottom of the boxes sending the contents flying into the air. He stormed into the elevator and wearing his 'look at me and die' face. He hit the button with so much force he almost broke his finger.


	2. Chapter 2

DISCLAIMER: I don't any of the NCIS characters

Author's notes

I made a mistake in the first chapter I forgot to add a paragraph at the end guess I was in a rush to finish. Sorry if I confused you (or made Fornell sound like a prat I don't want that.) Here is the next chapter I will pick up were Fornell stormed out of the director's office.

Fornell came down the stairs like a whirlwind and made his way to the elevator he noticed Tony and McGee walking towards him carrying evidence boxes. "Great this is all I need" Fornell thought to himself glumly. "Hey Fornell I bet you can't wait to get started on this case, what with us having jurisdiction and everything" Tony said with a grin. The anger started to rise again. What the hell did Dinozzo know? He wasn't half the Agent Fornell was. He was just a kid.

Fornell hit the bottom of the boxes Tony and McGee were carrying sending the contents flying into the air. When Tony started to protest Fornell gave a look that said 'You should count yourself lucky that I hit the boxes instead of you' Tony gulped and backed off. Fornell stormed into the elevator and wearing his 'look at me and die' face. He hit the button with so much force he almost broke his finger

Gibbs sat at his desk; it had been a long day. They had caught the guy who murdered the marine. The director of the FBI had handed full jurisdiction to NCIS after Fornell's little display in the director's office, claiming he would get to bottom of it and have Fornell apologize to Gibbs.

After Fornell had attacked him it had taken he had taken a couple of minutes to straighten himself out before going after the other man intent on murdering him only to find he had already left. Gibbs had called him but he hadn't answered, Jen had said it was because he was a coward but Gibbs knew better than that. Fornell wasn't a coward. His gut was telling him that something really wrong. He just couldn't figure out what.

Tony and McGee had told him how Fornell had acted when he came out of the director's office. No matter how many times he thought about it Gibbs still couldn't figure out what caused Fornell to lose it like that. The ringing of his cell phone interrupted his thoughts.

"Gibbs" He said sharply into his cell "Agent Gibbs the director would like to see you in her office" "I'm on my way" Gibbs pocketed his phone and made his way up the stairs

"Yes thank you director … ok … yeah …goodbye" Jen finished her call and put the phone down when Gibbs came into the room.

"Have a seat Jethro" she sounded bitter Gibbs sat down wordlessly

"I just got of the phone with the director FBI he has decided that no punishment will be brought to Fornell. So you will have to press charges against him and g…"

"I'm not going to do that" Gibbs cut her off

"What? Jethro I know he used to be your friend but…"

"There's no 'used to be' about it. He is my friend" Gibbs cut her off again "What sort of friend would I be if I pressed charges and got him arrested"

"What sort of friend attacks you for no reason" she said angrily

"There's a reason we just don't know what it is yet" Gibbs said sounding oddly calm

"We can't let him get away with this Jethro, if we can't deal with this the legal way then…" she trailed of with a sickly smile

Gibbs couldn't help get the feeling that she was goading him. Then it hit him.

"_I said that Agent Gibbs is in charge of this case and you will run every thing through him. Do I make myself clear Agent fornell?" Director Shepard finished with a smug grin_

_Fornell looked at Gibbs. Gibbs smiled at him_

No. Surely Fornell knew that he didn't have to do that. It was still no excuse but at least now Gibbs had some idea why Fornell acted the way he acted. He had to sort this out. Now. He made his excuses then left to go and see Fornell.

Gibbs pulled up outside Fornell's house He got out of his car shut the door and made his way to the front door he was going to knock but thought better of it and picked the lock instead.

Once he was inside he went into the living room. Fornell had his back to him. Without even looking back to see who it was Fornell started to speak. "Jethro I had a feeling you were coming tonight" Fornell turned around he had two glasses in his hands he held one out to Gibbs. "Drink?"


	3. Chapter 3

Gibbs took the offered drink and mumbled "thanks."

"So have you come here for round two?" Fornell gave Gibbs a small grin

"No i came here to find out what the hell you were thinking today" When Fornell went to speak Gibbs held his hand up "don't giving me that crap about having to report to me you know full well you didn't have to do that."

Fornell sat down on the sofa and nodded his head "I've had a lot on mind lately I just lost it" he looked at Gibbs who had joined him on the couch "I didn't hurt you to bad did I?"

"Nah just a couple of cuts and bruises, I'll live." Gibbs smirked at him

Fornell bowed his head in shame "I'm sorry Jethro really i am, I shouldn't of done it I..." He trailed of not knowing what else to say.

"No you shouldn't" Gibbs said there was no anger in his tone "why did you?" he asked after a few moments.

Fornell looked back up at Gibbs "I already told you"

"Alright then tell me what's been on your mind" Gibbs said patiently

"It's a long story" His tone made it clear that he didn't want to talk about it

"I got time"Gibbs said, hearing the tone and ignoring it he came here for answers and he was going to get them.

Fornell dropped his head down again and stared at his hands, he realized that he owed to Gibbs to at least try and explain his actions. After a few moments he started to talk still staring at his hands.

"When I first joined the FBI I was working under a man named Mills he was really was a bastard, the only thing he cared about was about how far he could get in his career, not the victims or they family's if you had the right amount of money he get out no matter what you done." Tobias stopped speaking and took in a deep breath. Gibbs observed him quietly he wondered if he should say something when Fornell started talking again still not making eye contact.

"I remember one case in particular there was this man Gatten he had been abusing is daughter since she was twelve she was seventeen when she worked up the courage to tell someone about it, the case had been passed onto us. Her name was Gina when she finished telling me everything he done to her it was all I could do not to put my fist through the wall" Next thing he said was in mere whisper Gibbs just about heard him. "I promised I would get justice for her Jethro I didn't keep my promise I never got her justice." for the first since the conversation had started Tobias finally made eye contact with him. Jethro almost wished he hadn't when he saw the guilt and pain in his friends eyes

"What happened?" Gibbs asked keeping his voice free of any emotion.

"I brought him in for questioning he denied everything, you should of seen him Jethro he was a smug bastard half way through the interview I started to get really angry I yanked him out of chair and slammed him against the wall Mills who had been watching from the observation room bursted into the room and ordered me back to the office" he balled his hands into fist and dug his nails into his palms.

"Two hours later Gatten was released without charge. Mills had forbidden me to take the case any further saying we didn't have any evidence that was bull, we didn't have a lot but we had enough to charge him. I tried to argue my point but Mills wouldn't have it. So I decided if I couldn't get him out of the way I'd get her out of the way so he couldn't hurt her anymore, I rung a couple of women's refuges and got her a place to stay. I figured I'd leave her there while i worked out what to do." Suddenly Fornell stood up and picked up his glass "You want me to top that up for you" before Jethro had a chance to answer Fornell snatched the glass out of his hand.

"Did Gatten find her at the refuge?" Gibbs asked when Fornell had sat back down

"No she didn't get the chance to go there. I went round that afternoon to get her. Her stupid god awful parents wouldn't let me in at first so i decided to force my way in and deal with the consequence's later. She wasn't downstairs so I went up to her room and found she had hung herself" Tobias squeezed his eyes shut and swallowed the rest of his drink. "Want another one" He said motioning to the glass in Gibbs hand.

"No I'm good thanks i haven't even drunk this yet. Don't you think you should slow down a bit?" Jethro asked with worry as he watched Tobias down another drink Tobias just shrugged in response

he turned around to fix himself another drink before he started speaking again.

"She left a note." he put his hand into his pocket and pulled out a old battered piece of paper and handed to Gibbs. Gibbs started to read it.

_Dear Agent Fornell_

_I just wanted to thank you, I know you did everything you could. I know you're probably thinking I'm a coward but you gotta understand there is no other way out If there was I'd take it believe me i would but this the only way out. I know that now. There is no other way no matter what i do or where i go dad will always find a way to destroy it. Destroy my chance of being free. Destroy me._

_Good luck for the future agent your your a great agent and a great man._

_Yours faithfully _

_Gina Gatten _

Gibbs finished reading the letter and looked at Fornell he figured he should say something anything but he couldn't come up with anything. He was about to say something when Fornell started speaking again.

"I did get the bastards Jethro, Gatten had killed somebody in a bar fight he thought he was home free but we had enough evidence to charge and with me as lead investigator he couldn't buy his way out. He his currently serving life in prison. Mills had gotten greedy it wasn't long before people started coming forward to put him away. Turned out he was into a lot of illegal things. He did twenty-five the hard way." Gibbs noticed the sour look on his friends face.

He cleared his throat and asked "Did?"

"Mills got out of prison last week he called he wants to see me, says i owe it to him" Tobias let out a hollow laugh "I owe him nothing if it wasn't for him Gina might still be alive"

"Are going to see him?" Gibbs asked thinking he already knew the answer

"Wasn't going to but he keeps calling" He sighed and put his head in his hand's "Don't think he's going to get the message anytime soon"

"Meet up with him and don't let him get a word in, tell him you're sick of the phone calls and if there don't stop you'll kill him in the most painful way you can think of, it's works for me every time for me" Gibbs Finished with a smile which he was happy to see Fornell return

"Yeah i might just do that thanks Jethro" Fornell said sarcastically

Not catching the sarcastic tone Gibbs said "Want me to come with you"

Fornell just smiled "No thanks"

"It's not your fault you know, in this job you cant save everyone Tobias" Gibbs spoke honestly

Not wanting to talk about this anymore Fornell changed the subject "I really am sorry about what happened in the directors office Jethro"

"I know if i thought for one second you weren't I'd be in a cell and you'd be in a body bag" Jethro tried to joke it didn't work. Not liking the tension that had suddenly settled over the room Gibbs decided to break it.

"Come on lets go to my place and work on my boat" Gibbs said as he got up from the sofa

"yeah" Fornell said as he to got up "Lets do something different for a change let's go work on your boat" He said giving Gibbs a pointed look

"you got any better ideas" Gibbs snapped without any real anger or real irritation

"we could shoot ourselves" He muttered under his breathe

"what was that?"

"what i didn't say anything"

The two friends carried on the light banter as they left the house.

Author's notes: thanks for the reviews sorry it took a few days to get this up my computer broke down so i had to use a friends computer. This is not the way i wanted to end this but i was in a rush let me know what you think. Tnx


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